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CALL TO ORDER

 

The Chair called the meeting to order at 5:15 P.M.

 

ROLL CALL

 

Executive Director Robert Davis called the Roll. 

 

Present at the meeting were Commissioners John Newlin, Justin Roja, Terrance Alan.

 

Absent at the time of roll call were: Audrey Joseph and Jocelyn Kane.

 

Chair Joseph stated she would have to leave the meeting early due to a prior commitment that she could not change.

Chair Roja stated item 6B) Agha-Khan, Salma, dba Siberia 314 11^th Street, San Francisco, Place of Entertainment/Extended Hours Premises would be continued to the next meeting.

 

Public comment on Siberia

 

Emery Mandel stated he lives in South of Market congratulated the Commission on the Folsom Street Fair and Love evolution and the Blue Grass event.   He added he noticed there was empty seat on the Commission and he would like to see the two empty seats filled and hoped there was a process in place for the second seat for a neighborhood representative on the Commission.  He added he has a neighbor that lives in the same building as Mercury Lounge and has expressed some concerns of patron’s loitering outside and there are no signs to tell patrons to leave the lounge quietly.  He added he lived behind the venue of Siberia and there has been no public outreach and the building has had history of not containing sound and when there was a sound test conducted he would like to have a sound test done in his unit or others prior to the granting of the permit and requested operating restrictions to limited entertainment to three nights a week and closing at 2:00 A.M.  He added it sounds as if it may be a vodka bar which could be fun and he welcomed entertainment and he was a nightclub patron and thought something positive could go forward

 

Mark Rennie stated this weekend was pretty amazing with a traffic jam that started down the Embarcadero ran up Market Street and went all the way to the beach.   He added he spent a few hours a day on the set up of Blue Grass because his clients put on the event.  He added he was able to witness what was involved in putting the event on.  He added the event has had no incidents and it was an amazing event.  

 

Robert Garcia stated the Love Fest event was too loud you could hear it all the way up California Street and disrupted all of the lower Nob Hill area and it was uncalled for.  He added people lived there and the city should understand it was a neighborhood like any other.   He added there were people all over the neighborhood who were youth taking drugs and he witness a police call that indicated there were calls of overdoses.  He added channel 7 did a news segment and showed the children lying on the ground and it was night right for them or for the neighborhood he added the event should be held without amplified music.

  

Public comment closed.

 

Commissioner Meko stated he could hear it on Harrison Street as well and not just occasionally.   He added was Vajra Granelli

 

Executive Director Robert Davis stated Vajra was on site and there was some adjustments made in the sound and they did try to modify the sound.

 

2. Review and Approve the minutes of July 21, 2009, August 18, 2009 and September 15, 2009. [Action Item]

 

Commissioner Alan moved to continue the item until Commissioner Joseph return so there would be a quorum present for each set of minutes they had to approve.

 

Public comment

None

 

Commissioner Alan moved to continue the minutes Commissioner Newlin second the motion.

VOTE:

AYES - Commissioner Newlin, Commissioner Roja, Commissioner Meko and Commissioner Alan

NOES – None

Absent – Commissioner Joseph 

 

3. Report from the Executive Director. Public Safety Cluster Task Force, South of Market Tenderloin and North Beach District. Vajra Granelli report on recent venue sound inspections and report of activities by staff. [Discussion]

 

Executive Director Robert Davis stated he was on the Mayor’s Task Force of Public Safety and after their review of summer activities the task force reported that it was one of the safest summers they have seen.  He added the   SOMA the Folsom Street Fair was very successful and the traffic control was good in the South of Market area.  He added the activities in the city attendance at nightclubs were up and the streets were in pretty good order.   He added Vajra was not present tonight but he wanted to present his warning violation forms that were approved by the City Attorney that can be used as additional tools to site clubs as a notice of violations that list everything in 1060 that was available and thus far the forms have been successful.

 

Commissioner Alan asked would the citations be compiled and put on a database available for the Entertainment Commission’s yearly report.

 

4. Review and possible action to review and change the conditions of the Place of Entertainment permit for Bennet Montoya, dba Atmosphere located at 447 Broadway, San Francisco, CA. 94133.  [Action Item]

 

Executive Director Davis stated at the last meeting Central Police stated requested that the Commission request the management be brought before the Commission because there was an issue with a fight they had to respond to San Mateo and wanted to know why the initial altercation had not been reported.

 

Bennet Montoya stated the incident took place with three female patrons on one female patron and he categorized it as an argument scuffle and not a fight.   He added security assisted the situation within a minute of the altercation separated the argument and escorted the four involved out of the venue.

 

Officer Scott Gaines stated the Captain wanted to bring them in for this incident and a couple of other incidents were there were assaults.  He added in this incident he had to send police officers all the way to San Mateo in order to deal with the situation and they were only getting one side of the story and the victim woke up at 4:00 A.M. in the San Mateo hospital with a concussion and the officers were not notified.  He added in order to create a dialog between SFPD and Atmosphere they suggested to bring it as an action item before the Commission. And put a protocol in place if there were injuries the police are notified to avoid future incidents.

 

Commissioner Alan asked if Officer Gaines had a suggestion to the Commission as to how the police departments suggest they start the process.

 

Officer Scott Gaines stated the venue is closed after the incident timeliness was important.

 

Commissioner Alan asked what was the protocol on how they managed a conflict patron so that it did not spill out onto the sidewalk and why there was a disconnect with the patron waking up in the hospital with a concussions.

 

Michael Spearman stated when they escort someone out the venue they separate them and most of the time they want to go there separate ways.  He added in this incident where the patron was knocked out that was news to everyone in the nightclub because the patron left their care she was fine and when SFPD and management and security spoke to her.

 

Commissioner Meko stated the Good Neighbor Policy already states the applicants have number two hours after closing and they could extend it two hours past closing time.

 

Officer Gaines stated it would be a good idea but the Good Neighbor Policy says upon request and suggests striking that and putting two hours after venue closes and available at all times.

 

Commissioner Alan recommends that they work over the next couple of weeks with staff and police to develop a paragraph protocol around the issue and not during the Commission mission since they did not have all the tools at their fingertips.

 

Commissioner Meko recommended that they agendize the Good Neighbor Policy for future discussion on the next agenda.

 

5. Police Department Comments & Questions. [Discussion Item]

(This item allows any member of the SFPD to address the Commission regarding matters related to nightlife and public safety).

 

Officer Scott Gaines thanked Chair Roja for doing a ride along.

 

447 Broadway Atmosphere Two patron tried to enter venue with the same ID Battery between security guard and patron.

 

337 Grant Mojito’s cited for 49 MPC.

 

443 Broadway - Party bus missing adult reported found the next morning.

 

501 Broadway Impala - Assault on two females by a male.

 

714 Montgomery Bubble Lounge - Security guard kicked out two intoxicated females.

 

447 Broadway Atmosphere strobe lights caused public nuisance and was removed at removed at 10:00 PM.

 

420 Mason - Ruby Sky Aggravated assault female threw a glass at another patron causing injuries to her face requiring stitches.

 

1268 Grant King of Thai cited for 49 MPC and not having a permit.

 

85 Campton Vessel large fight 200 people.

 

350 Bay Club Suede called for help fight in parking lot.

2237 Powel - ABC modifications came through and he and the Captain both signed off on them.  He added they should come back before the Commission for the final.  He added he spoke to Supervisor Chu regarding 1060.10 and ran the idea past him that everyone should get on the same page with regards to the booth legislation will it was still in flux.

 

Officer Gary Buckner stated the Folsom Street Fair and was an example of well managed event their promoter’s were professional a proactive and they had a good working relationship with the Folsom street promoters and overall it was an extremely successful event with 300,000 attendees.   He added the Love Fest was the opposite and there was no proactive outreach to Southern Police station and no positive pre planning the event was extremely large with insufficient staffing.   He added there were some notes taken from a police officer he worked the event that there was gridlock on Market Street, Bart and Muni were filled beyond capacity and the facilities were overburdened, Emergency vehicles were blocked, fights, public urination, gang fights. He added it took a minimum of two hours to respond to a call and at 5:00 pm there were only two officers available for emergencies and it was impossible to control the crowd.  He added it was the largest event he ever secured without police presence and was poorly managed.   He added it was positive to have the events but they could be done properly.

 

6. Hearing and Possible Action regarding applications for permits under the jurisdiction of the entertainment commission. [Action item]

a) McWilliams, Gabriel, Jimenez, Xavier and Baumbach, Chadwick, Hawthorne Entertainment Group LLC, dba VIA, 449 Powell Street, Place of Entertainment/Extended Hours Premises.

 

Executive Director Robert Davis stated the application was submitted April 29, 2009 and this was their fourth time before the Commission and it was strongly suggested that the applicants do community outreach and have meetings with SFPD.   He added the applicants have presented additional letters of support and the applicants have met with the police department as of today.

 

Chadwick Baumbach with Hawthorne Entertainment Group he and his partner’s have leased two floors of the 449 Powell building.  He added in 1913 it was built to house the infamous Press Club until 1952 and has always been a multiple purpose event space.    He added they planned to renovate the space and bring it back to its original glory.   He added since the last hearing on September 15, 2009 the Commission asked to have more dialog and communications with Captain Dudley and since then they have extensive communications with Captain Dudley and several different email correspondence.   He added on September 30, 2009 they met with Captain Dudley and Officer Scott Gaines at the space and addressed some of their concerns.   He added since then they coordinated another meeting this afternoon and planned to continue correspondence with them to address their concerns and have also corresponded with some of the neighborhood groups.   He added they feel they have done what the Commission requested which was to have more dialog with Captain Dudley.

 

Commissioner Meko stated he was concerned it may be a bit of a rush.  He added the purpose of urging them to have dialog with the Police Department and some of the concerned neighbors was the hope that perhaps there might be a little give and take.  He added the continuance was to make some changes and asked as a result of the outreach had they made any changes.

 

Chadwick Baumbach stated they felt they had made some good progress and they addressed some of the concerns and they have listened.  He added there was a letter addressed to the issue of occupancy which is 590 and they were going through sound continuation and they were going to great lengths and an enormous amount of money to spend on sound attenuation for the room.  He added they were doing the best they could to make it work for everyone.

 

Commissioner Alan stated they requested a meeting be conducted with Captain Dudley and they should hear from Officer Gaines on how the meeting went.

 

Officer Scott Gaines stated there were several issues they were stuck on.  He added they have made progress but the community had not been actively involved. He requested the application be postponed until all parties have had a chance to meet and resolve all the important issues.   He added the applicant’s have met and have been engaging.

 

Chadwick Baumbach stated they have made certain concession with Captain Dudley and there is a list of conditions they were discussion and many they are conceding on.

 

Commissioner Meko stated it would be in their best interest to continue the item.

 

Commissioner Alan stated one of the things he had hoped would have come out of their meeting that would help the Commission was something that was more than just a verbal distillation of what happened.   He added it was helpful for them to hear but the Commission did not have any of those specifics and they are the bodies that were going to put the specifics on their permit.    He added they need to get a report from the meeting with the captain, “We agree on these things” and “these are the things we don’t agree with.”    He added he would not begin to know how to craft conditions based on the input that he has received.

 

Commissioner Meko stated the instruction of the Commission were not simply to make contact and shoot down the arguments of the other people the instructions were to take some time and met with the police department and the neighbors and figure out what the problem areas were and try to resolve them to the best of your ability and then come back to the Commission and give them something to make a decision on.  He added he would like to vote in their favor but at the moment they were not giving them much of anything.

 

Commissioner Alan stated there could be 10 things on the list to resolve between the police department and the neighborhood groups and the venue they can be worked through or there never going to be worked through or there would just be disagreements that would have to be proven to the test of time.   He added what they need and they have not gotten was any result of the meeting that says, we have agreed we are going to paint security people blue but we can’t we can’t agree on having 100 security for every patron and we can’t agree to closing at 5:00 P.M. in the afternoon.

 

Commissioner Newlin stated they need to get a list of things and bullets point them.

 

Public Comment

 

Mr. David Overdorf stated he agreed with Commissioner Meko they were going in circles and nothing had changed since the last meeting. He added there were still unanswered issues. He added they had a meeting on July 9. 2009 it was a party and they expected a presentation it was pleasant party they saw the premises but they did not an opportunity to ask questions or get answers. He added he contacted Chadwick Baumbach and he drafted 22 separate conditions.    He added their area is getting deprived of service because of the saturation on Broadway and there needed to be some balance.

 

West Tyler with the Chancellor Hotel and the board president for the Union Square Association stated he supports the project and that he was glad their business was already open because he felt for the applicant trying to go through the process and would continue his support because he felt it was good for the area.

 

Robert Garcia with Save Our Streets and the Tenants and Merchants and Association stated he was concern that information was not getting out to the public and there was no community outreach.   He added the applicant needs a fire rated egress with wall and ceilings and the permit should not be approved for more than 49 people because they did not have the proper egress and it will and shall be determined by the state Fire Marshall.

 

Kazumi Komar Vice President of a construction Company in San Francisco and they were very proud to be working with Hawthorne Group.  She added they worked on high end preconstruction projects all over San Francisco.  She added the looked at Hawthorne’s project and they hired some of the best consultants. She added they were an excellent group to work with and they were excited about the project and the quality and the type of entertainment was good.

 

Mat Florist a representative of the Carpenter Union in San Francisco Local 22.  He added they were in full support of the project.   He added safety was important and hoped it could get resolved.

 

Joe Koppel speaking for Local 6 electricians stated and the contractor association in San Francisco.  He added he supports the project.

 

Steven West supports the project and felt it was a good addition to the neighborhood.

 

Patrick Isenberg supports the project and supports the unions and believed the applicants would be good operators.

 

Carry Gibson has retail store in the area and supports project.

 

Julie McCarthy a resident and business owner who supports the project and speaks for tenants in the area.

 

Scott Fairbanks stated as a resident of the corner he supports the project and felt it would fit into the vibrant neighborhood.            

 

David Blatuss and he represent three operators on Sutter Street 212, 590 and also the subject building.  He added all three owners highly recommend you grant the applicant their permit.   He added the he managed the subject building for 30 years the upper floors of the building have been derelict for 30 years after the Press Club left.    He added about five years ago the owners of the building spent almost 6 million dollars brining it up to 104 F. which was the best standard and the building was ready to go for occupancy.

 

Mark Rennie stated he missed the last presentation the meeting were they heard a lot of public comment and standing aside they should talk about the elephant in the room which is San Francisco has gotten to the point where it is impossible to open a mew type 48 license anywhere in the downtown area.  He added Captain Dudley has a tough job trying to deal with Broadway but he knew that he basically stated there will be no new 48 license venues.   He added they could tap dance around it all they want but April though October six months; they had a first amendment problem because they had a right to an answer and a right to do business unless they could prove it did not contain noise sound and etc.  He added the city would die unless people wake up and realize it takes tax revenues to run a city. 

 

Public comment closed.

 

Commissioner Alan stated he wanted to proceed but can’t basis of what he has been presented.  He directed staff to work with applicant to have the list of things that need to be address and how they planned to do it.  He added he wanted the applicants to succeed and his suggestion was to get the list to rule on those things that are within the Commission’s discretion.

 

Chair Roja agreed with Commissioner Alan.

 

Commissioner Alan moved to continue it to the next meeting direct the applicant to hold a meeting with the police Captain and come away with a list of things that are agreed upon negotiated compromises and those things that will not be agreed upon present it to staff and include it in the package so they can understand the issues that will be debated at the next meeting so that everyone can understand the items they would discuss

Commissioner Newlin seconds the motion.

 

Commissioner Meko suggested a friendly amendment that the applicants include the neighbors in the process and the meeting be noticed in the adequate amount of time three days noticed and held at a time that is convenient to the neighbors and to be conducted between 6:00 pm and 9:00 pm Monday through Friday or 10:00 A.M. to 9:00 P.M. Saturday or Sunday.

 

Commissioner Alan and Commissioner Newlin accepted the friendly amendment.

 

VOTE:

AYES - Commissioner Roja, Commissioner Meko, Commissioner Alan and Commissioner Newlin.

NOES – None

Absent – Commissioner Joseph 

 

b) Agha-Khan, Salma, dba Siberia 314 11^th Street, San Francisco, Place of Entertainment/Extended Hours Premises.

 

Executive Director Robert Davis stated the application was submitted on September 1, 2009 and the police department recommendations were in the package.

 

Chair Rojas stated there was a request to continue the item.

 

No public comment.

 

Commissioner Newlin moved to continue the item Commissioner Alan second the motion.

 

VOTE:

AYES - Commissioner Meko, Commissioner Alan Commissioner Newlin and Commissioner Roja.

NOES – None

Absent – Commissioner Joseph 

 

c) Dah, Anita, dba Showdown 10 6^th Street, Place of Entertainment Permit.

 

Anita Dah stated she had a small bar and was taking over the bar that was previously called the matador. 

 

Commissioner Meko asked had she met with the neighbors and that the item be continued.

 

Anita Dah stated she had not but would meet with the neighbors and had no problem continuing the item.

 

Commissioner Alan stated the applicant needs to complete the application residence on the application to be prepared for the next Commission meeting and not have her application shot down for a technicality.  

 

Commissioner Meko recommended she look at the pre application process.

 

Officer Buckner stated the applicant has been very proactive and corporative and was willing to accommodate with whatever conditions or concerns they may have.  He added he met with the applicant and they discussed her plans which seemed very reasonable.  He added despite that the Captain of Southern Police station was opposed to the permit because the vicinity has been identified as a significant law enforcement problem and issuances of another permit would create an additional burden on the resources of SFPD.   He added the venue would not improve the quality of life for the residents living in the area.  He added if the permit is approved he would request that a limiter be installed on their equipment that the applicant strictly adheres to their 49 capacity.

 

Commissioner Meko moved to continue the item to the next meeting.  Commissioner Alan second the motion.

VOTE:

AYES - Commissioner Roja, Commissioner Meko, Commissioner Alan and Commissioner Newlin.

NOES – None

Absent – Commissioner Joseph 

 

7. Commissioner’s Comments & Questions. [Discussion Item] 

 

Commissioner Newlin asked the Director to check with the City Attorney if they were going to reject the license of Atmosphere for lying on their application.  He suggested should be a check box on the application to show that all information was complete.

 

Executive Director Bob Davis stated the applicants have been operating in good standing but he would go back to the City Attorney and have it checked out.    He added he and Jocelyn went to the City Attorney and he informed them that once staff has informed the applicant that they must fill in everything and remind them they haven’t on the application

Commissioner Newlin stated the applicants should be informed that if an incomplete application came before the Commission it would be rejected.

 

Commissioner Alan stated that it was good ideas to spot check the applications.

 

Chair Roja though it was a great idea to have contact numbers especially for the Broadway Corridor. He added there were two stories that were told that the Love Parade went well and he thought it was the duty of the Commission to explore it.

 

Commissioner Alan stated he was one of the people who organized the event.  He added the ISCOTT process was the process that grants the permits and the Commission was not the body and because of the potential conflict it would best dealt with at the ISCOTT process.

8. New Business Requests for Future Agenda Items. [Discussion Item]

(This item is to allow Commissioners to introduce agenda items for future consideration).

 

Commissioner Meko proposed language for  consideration to modify the Good Neighbor Policy that require that the applicants make a cell phone number available to neighbors and  SFPD and if they extend a period of time the phone number will reach a live human being upon time the venue has closed. He added the Commission should consider establishing a policy of pre application process that the Planning Department that has already initiated and it was not a legislative request.

 

Commissioner Alan stated it would make the process easier for the applicants and to get everyone noticed.

 

Adjournment.  7:27 pm